Angelina ELWORTH, Petitioner/Appellee, v. Kisar JONES-FRYBERG, Respondent/Appellant
Elworth v. Jones-Fryberg
10 Am. Tribal Law 392
Angelina ELWORTH, Petitioner/Appellee, v. Kisar JONES-FRYBERG, Respondent/Appellant.
Angelina ELWORTH, Petitioner/Appellee, v. Kisar JONES-FRYBERG, Respondent/Appellant.
No. TUL-CV-AH-2011-0285.
Tulalip Tribal Court of Appeals.
Feb. 7, 2012.
ORDER DISMISSING APPEAL
On December 7, 2011, this Court issued a Scheduling Order in this matter. On December 13, 2011, the Tulalip Court clerk certified that the Scheduling Order was served on both Appellant and his counsel of record by U.S. mail on December 13, 2011. The Scheduling Order required Appellant to file an opening brief no later than January 6, 2012. The Scheduling Order advised Appellant that the Tulalip Rules of Appellate Procedure require written briefs, prohibit this Court from considering arguments not properly raised in a written brief or motion, and authorize dismissal of an appeal when a party fails to comply with the rules or a valid order of this Court. The Scheduling Order also advised Appellant that the Court would strictly enforce the provision of the rules requiring ten working days advance notice of any motion to extend the time to file his brief.
"If the appellant fails to file an opening brief which has been ordered pursuant to an established briefing schedule, and no extension of time has been granted, the appeal may be subject to dismissal by the Court of Appeals." Tulalip Ordinance (TO) 49.7.1.5. See also TO 49.4.5.1 ("If a party fails to comply with the appellate rules or a valid order of the Court, the Court may dismiss the appeal.... "). Appellant neither filed a brief nor requested an extension of time to do so as required by the appellate rules and this Court's Scheduling Order. Therefore, pursuant to TO 49.7.1.5 and TO 49.4.5.1, this appeal is hereby dismissed.
IT IS SO ORDERED.
For the panel:
Robert T. Anderson, Justice
Douglas Nash, Justice
/s/ Jane M, Smith
Jane M. Smith, Chief Justice